Hansen v
Sulyma, 2013
BCCA 349
In this unfortunate case, Ms. Hansen was a passenger in her own
car, which had run out of gas along an unlit highway on Texada
Island, British Columbia. She was rendered a quadriplegic by a
drunk driver, Mr. Leprieur, who veered off the road and struck the
car. Mr. Leprieur had been drinking that night at a local bar. Ms.
Hansen sued him, the bar and the driver of her car, Mr. Sulyma. Mr.
Sulyma had failed to turn on the hazard lights of the stopped car.
At trial, the Trial Judge apportioned liability at 70% to Mr.
Leprieur, 25% to Mr. Sulyma and 5% to the bar.
Mr. Sulyma appealed the decision on three bases: that the Trial
Judge had applied the wrong test for causation, that Ms. Hansen had
been negligent in not insisting that the hazard lights be turned
on, and that the Trial Judge had apportioned liability improperly.
The questions with respect to causation and Ms. Hansen's
liability were easily dismissed by the Court. However Mr.
